Justice Athar Minallah: If There Is No Constitutional Government Today and I Remain Silent, I Violate My Oath

Karachi: Senior Supreme Court Judge Justice Athar Minallah has said that if there is no constitutional government in the country today and he, as a judge, does nothing about it, then he is violating his oath.

Speaking at a seminar in Karachi, Justice Minallah stated that his oath obliges him to make decisions in accordance with the law without fear and, above all, to defend the Constitution. “I am bound by that oath, I am answerable to the people, and since I took that oath in the name of Allah, I am accountable before Allah,” he emphasized.

He lamented that while the United Kingdom has no written constitution for over a century, the rule of law prevails there, whereas in Pakistan, even school history books present contradictory versions. “Societies where truth vanishes are doomed,” he remarked.

Recalling history, Justice Minallah said Pakistan’s division was rooted in the unlawful dissolution of an elected assembly that had prepared a constitution for both wings of the country. “The Bengalis did not want separation; it was our own leaders who began portraying them as a burden from 1962 onwards,” he added.

Referring to General Zia-ul-Haq’s era, Justice Minallah criticized the judiciary’s role in the hanging of former Prime Minister Zulfikar Ali Bhutto. “When asked in an interview whether judges were under pressure, Zia denied it. Yet later, judges admitted they succumbed to pressure in sending Bhutto to the gallows. They allowed themselves to be used,” he said, pointing out that three judges had opposed the verdict, including Justice Haleem and Justice Turab Patel.

He stressed that **the real rulers are the people**, and the essence of the Constitution is that sovereignty rests with them. “No institution should engage in political engineering. Genuine representatives must come through transparent elections. Unfortunately, in our 77-year history, fair and free elections remain just a dream. Even in authoritarian regimes, elections are held,” he observed.